131st General Assembly Regular Session H. B. No. 15 2015-2016 Representative Gerberry A B I L L To amend sections 3301.01, 3301.03, 3301.04, 3301.05, 3301.06, and 3513.259, to enact new section 3301.02 and section 3301.021, and to repeal section 3301.02 of the Revised Code to change the voting membership of the State Board of Education to consist of a member from each of several electoral districts with boundaries coinciding with the state's Congressional districts and a president to be appointed by the Governor if there is an even number of such electoral districts. 1 2 3 4 5 6 7 8 9 10 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That sections 3301.01, 3301.03, 3301.04, 3301.05, 3301.06, and 3513.259 be amended and new section 3301.02 and section 3301.021 of the Revised Code be enacted to read as follows: Sec. 3301.01. (A) There is hereby created the state board of education consisting of nineteen members with eleven elected members, one each to be elected in accordance with section 3301.03 of the Revised Code from each of the districts 12 13 14 15 16 17 18 19
H. B. No. 15 Page 2 established in accordance with division (B) of this section, and with eight members to be appointed by the governor with the advice and consent of the senateone member from each district created under this section. For the purpose of election of board members, the state shall be divided into the number of congressional districts from time to time created under section 3521.01 of the Revised Code. The boundaries of the state board of education districts and the counties comprising each board member's district shall coincide with the boundaries and counties comprising each of the congressional districts from time to time created under section 3521.01 of the Revised Code. One voting member of the state board shall be elected from each district. If at any time there is an even number of districts, the governor shall appoint an additional member who shall be the president of the board and who shall vote on board matters only in the case of a tie among the other members of the board. This member shall be appointed in accordance with section 3301.021 of the Revised Code. If there is an odd number of districts, the governor shall not appoint the president of the board. In that case, the president shall be selected by the members of the board and shall be a voting member elected from one of the districts described in this section. In addition to the nineteen elected or appointed voting members, the chairperson of the committee of the senate that primarily deals with education and the chairperson of the committee of the house of representatives that primarily deals with education shall be nonvoting ex officio members of the board. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49
H. B. No. 15 Page 3 (B)(1) The territory of each state board of education district for each elected voting member of the board shall consist of the territory of three contiguous senate districts as established in the most recent apportionment for members of the general assembly, but the territory of no senate district shall be part of the territory of more than one state board of education district. Each state board of education district shall be as compact as practicable. The districts shall include, when practicable, some districts that primarily consist of territory in rural areas and some districts that primarily consist of territory in urban areas. (2) If, after the apportionment for members of the general assembly is made in any year, the general assembly does not during that year enact legislation establishing state board of education districts in accordance with division (B)(1) of this section, the governor shall designate the boundaries of the districts in accordance with division (B)(1) of this section no later than the thirty-first day of January of the year next succeeding such apportionment. Upon making such designation, the governor shall give written notice of the boundaries of the districts to each member of the state board of education, including the nonvoting ex officio members; the superintendent of public instruction; the president of the senate; the speaker of the house of representatives; and the board of elections of each county in each new district. On the first day of February in any year in which the governor designates the boundaries of state board of education districts under this section, the state board of education districts as they existed prior to that date shall cease to exist and the new districts shall be created. Sec. 3301.02. (A) The elected members of the state board of education as of the date of a change in district boundaries 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80
H. B. No. 15 Page 4 under section 3521.01 of the Revised Code shall continue in office until their successors are elected and qualified for office, at which time the board whose successors have been so qualified shall be dissolved. At the first general election for members of the congress which occurs after or as a result of a change in congressional districts, in conformity with the general election laws of this state, one board member shall be elected from each congressional district for a term of office beginning the first day of January immediately following that election. At the time that the general assembly determines the boundaries of the electoral districts for members of the congress under section 3521.01 of the Revised Code, the general assembly shall prescribe a whole number numerical designation for each state board district simultaneously created under section 3301.01 of the Revised Code beginning with "1" and continuing sequentially until all the districts are designated. Elected members of the state board who reside in state board districts designated with an odd number shall serve for a term of four years. Elected members of the state board who reside in state board districts designated with an even number shall serve for a term of two years. (B) After the board has been constituted and the members' terms of office have been determined under division (A) of this section, in each subsequent year in which a congressional election is held, at the general election that year, in conformity with the general election laws of this state, the members of the board shall be elected as required by expiration of respective terms, each for a term of four years or until the member's successor is elected and qualified. One member shall be elected for each district respectively in which the term of office of a board member expires on the first day of January 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111
H. B. No. 15 Page 5 following the election except when the boundaries of congressional districts are changed under section 3521.01 of the Revised Code, at which time terms of office shall be determined under division (A) of this section. The term of office of each member shall begin on the first day of January immediately following this election. Sec. 3301.021. When there is an even number of state board of education electoral districts as determined under section 3301.01 of the Revised Code, not less than thirty days after each election for members of the state board, the governor shall appoint an additional member qualified under section 3301.03 of the Revised Code with the advice and consent of the senate. The member appointed under this section shall be the president of the board and shall vote on board matters only in the case of a tie among the other members of the board. The term of office of the member appointed under this section shall be two years. Any vacancy in the office of the member appointed under this section shall be filled in the same manner as the original appointment. Any member appointed under this section to fill a vacancy occurring prior to the expiration date of the term for which the member's predecessor was appointed shall hold office for the remainder of that member's predecessor's term. Sec. 3301.03. (A) Each elected voting member of the state board of education shall be a qualified elector residing in the territory composing the district from which the member is elected, and shall be nominated and elected to office as provided by Title XXXV of the Revised Code. Each appointed voting member of the board A member appointed under section 3301.021 of the Revised Code shall be a qualified elector residing in the state. At least four of the appointed voting members shall represent rural school districts in the state, as 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142
H. B. No. 15 Page 6 evidenced by the member's current place of residence and at least one of the following: (A) The member's children attend, or at one time attended, school in a rural district; (B) The member's past or present occupation is associated with rural areas of the state; (C) The member possesses other credentials or experience demonstrating knowledge and familiarity with rural school districts. No elected or appointed voting member of the board shall, during the member's term of office, hold any other office of trust or profit or be an employee or officer of any public or private elementary or secondary school. Before entering on the duties of office, each elected and appointed voting member shall subscribe to the official oath of office. Each voting member of the state board of education shall be paid a salary fixed pursuant to division (J) of section 124.15 of the Revised Code, together with the member's actual and necessary expenses incurred while engaged in the performance of the member's official duties or in the conduct of authorized board business, and while en route to and from the member's home for such purposes. (D) (B) As used in this section only, "office of trust or profit" means: (1) A federal or state elective office or an elected office of a political subdivision of the state; (2) A position on a board or commission of the state that is appointed by the governor; 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170
H. B. No. 15 Page 7 (3) An office set forth in section 121.03, 121.04, or 121.05 of the Revised Code; (4) An office of the government of the United States that is appointed by the president of the United States. Sec. 3301.04. Between the first and thirty-first day of January of each odd-numbered year, the state board of education shall hold an organization meeting at which time it shall adopt rules of procedure, elect a president and a vice-president each of whom who shall serve for two years or until the president's or vice-president's successor is elected and qualified, and transact such business as the board deems advisable. If there is an odd number of state board electoral districts, as determined under section 3301.01 of the Revised Code, the board shall also elect a president who shall serve for two years or until the president's successor is elected and qualified. Such president shall be the chief presiding officer of the board and may vote on all board matters. When a president is appointed under section 3301.021 of the Revised Code, the president shall serve as the chief presiding officer of the board but shall vote on board matters only in the case of a tie vote among the other members. The vice-president may substitute for the president appointed under section 3301.021 of the Revised Code as presiding officer but only the president appointed under section 3301.021 of the Revised Code may vote to break a tie vote. The state board of education shall adopt, by the thirtyfirst day of March each year, a calendar indicating the dates on which the board will hold its regular meetings for the following fiscal year. The board may hold special meetings on dates not indicated on the adopted calendar at such times as they may be 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200
H. B. No. 15 Page 8 called as provided in this section. Special meetings of the board may be called by the president, and, upon written request signed by at least a majority of the members, the president shall call a special meeting of the board. The president, or the president's designee, shall give notice through the superintendent of public instruction to each member of the board at least ten days prior to the time of any special meeting. The notice may be delivered by regular mail or by electronic means. The state board of education shall hold its meetings anywhere in Ohio designated by the board. Sec. 3301.05. A majority of the voting members of the state board of education shall constitute a quorum for the transaction of business. Official actions of the state board, including the making and adoption of motions and resolutions, shall be transacted only at public meetings open to the public. The superintendent of public instruction, or a designated subordinate designated by him, shall record all official actions taken at each meeting of the board in a book provided for that purpose, which shall be a public record. The record of the proceedings of each meeting of the board shall be read at its next succeeding meeting and corrected and approved, which approval shall be noted in the proceedings. The president or vice-president, if substituting as presiding officer, shall sign the record and the superintendent of public instruction or his a designated subordinate attest it. Sec. 3301.06. A vacancy in the state board of education may be caused by death, nonresidence, resignation, removal from office, failure of a person elected to qualify within ten days after the organization of the board or of the person's election, removal from the district of election or from residence in the state, or absence from any two consecutive regular meetings of 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231
H. B. No. 15 Page 9 the board if such absence is caused by reasons declared insufficient by a two-thirds vote of twelve all elected members of the board. When a vacancy occurs in the office of an elected member, the governor shall, within a period of thirty days and with the advice and consent of the senate, appoint a qualified person residing in the district in which the vacancy occurred to fill the vacancy until the next general election at which members of the state board of education are elected, at which time a qualified elector residing in the district in which the vacancy occurred shall be elected for the unexpired term. Such member shall assume office at the next succeeding meeting of the board. When a vacancy occurs in the office of an appointed member, the governor shall, within a period of thirty days and with the advice and consent of the senate, appoint a qualified person to serve the remainder of the term. Sec. 3513.259. Nominations of candidates for the office of member of the state board of education shall be made only by nominating petition. The nominating petition of a candidate for the office of member of the state board of education shall be signed by not less than one hundred qualified electors. No such nominating petition shall be accepted for filing if it appears on its face to contain signatures aggregating in number more than three times the minimum number of signatures required by this section. A board of elections shall not accept for filing a nominating petition of a person if that person, for the same election, has already filed a declaration of candidacy, a declaration of intent to be a write-in candidate, or a nominating petition, or has become a candidate through party nomination at a primary election or by the filling of a vacancy under section 3513.30 or 3513.31 of the Revised Code, to be a candidate for any other state office or any federal or county 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262
H. B. No. 15 Page 10 office. When a petition of a candidate has been accepted for filing by a board of elections, the petition shall not be deemed invalid if, upon verification of signatures contained in the petition, the board of elections finds the number of signatures accepted exceeds three times the minimum number of signatures required. A board of elections may discontinue verifying signatures when the number of verified signatures equals the minimum required number of signatures. Such petition shall be filed with the board of elections of the most populous county in such district not later than four p.m. of the ninetieth day before the day of the general election at which state board of education members are elected. Each nominating petition shall be signed by qualified electors residing in the district in which the candidate designated therein would be a candidate for election to the office of member of the state board of education. Each candidate shall be a qualified elector residing in the district in which the candidate seeks election to such office. As the word "district" is used in this section, it refers to a district created under section 3301.01 of the Revised Code, the boundaries of which districts shall coincide with the boundaries of congressional districts as established under section 3521.01 of the Revised Code. Section 2. That existing sections 3301.01, 3301.02, 3301.03, 3301.04, 3301.05, 3301.06, and 3513.259 and section 3301.02 of the Revised Code are hereby repealed. Section 3. (A) Sections 1 and 2 of this act take effect on the earliest date prescribed by law; however, the State Board of Education as constituted under sections 3301.01, 3301.02, 3301.03, 3301.04, 3301.05, 3301.06, and 3513.259 of the Revised 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292
H. B. No. 15 Page 11 Code, as those sections existed prior to the effective date of this section, shall continue in office until such time as members of the State Board are elected from districts prescribed in section 3301.01 of the Revised Code as amended by this act at the general election to be held on November 8, 2016, and are qualified for office. At that time, the board whose successors have been so qualified shall be dissolved. Except as provided in division (B) of this section, the State Board shall thereafter be constituted as prescribed in sections 3301.01, 3301.02, 3301.021, 3301.03, 3301.04, 3301.05, 3301.06, and 3513.259 of the Revised Code as amended and enacted by this act. (B)(1) Notwithstanding section 3301.02 of the Revised Code as enacted by this act, elected members of the State Board who are elected at the November 8, 2016, general election and who reside in State Board districts that correspond with congressional districts designated under section 3521.01 of the Revised Code with an odd number shall serve for a term of four years. Elected members of the State Board who are elected at the November 8, 2016, general election and who reside in State Board districts that correspond with congressional districts designated under that section with an even number shall serve for a term of two years. (2) After the State Board has been constituted and the members' terms of office have been determined under division (B) (1) of this section, in each subsequent year in which a congressional election is held, at the general election that year, in conformity with the general election laws of this state, the members of the State Board shall be elected as required by expiration of respective terms, each for a term of four years or until the member's successor is elected and qualified. One member shall be elected for each district 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323
H. B. No. 15 Page 12 respectively in which the term of office of a board member expires on the first day of January following the election. Division (B)(2) of this section applies until the boundaries of congressional districts are changed under section 3521.01 of the Revised Code. At that time, terms of office for the State Board shall be determined under division (A) of section 3301.02 of the Revised Code, as enacted by this act. 324 325 326 327 328 329 330